Free Motion for Reconsideration - District Court of Delaware - Delaware

Case 1 :07-cv-00045-SLR—LPS Document 30 Filed 10/29/2007 Page 1 of 2
Unites States District Court
In and For the District Of Delaware _ ,
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Johnnie M. DuBose Qi §§ "
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Plaintiff C.A. NO. 07-45 MPT ¤_ g EQQ
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Michael Walsh, in his capacity rtl
As New Castle County Sheriff
American Business Credit, Inc (ABC)
Robert K. Beste Jr. Maggie Clausell
Motion for Reconsideration: Motion for Default Judgment
Come Now plaintiff, Pro Se' and respectfully moves this court for re-consideration
of Magistrate Judges‘ denial of Plaintiffs Motion for Default Judgement pursuant
to FRCP 7 (Pleadings) Allowed. In support there of:
1. Restated and incorporated motion for default judgment filed March 15
2007.
2. Court failed to order a reply to or an answer to original complaint.
3. Court failed to apply the United States District Court three standard rule
tests that the Supreme Court of the United States and the Third Circuit
Court of Appeals has held that a District Court must consider.
4. Court, in denying plaintiffs motion for default judgment failed to apply
three factors of case law (1) Prejudice (2) Merit (3) Culpability.
5. Plaintiff was not given any notice in writing of the date and time of a
hearing of defendant’s motion to dismiss as mandated by FRCP (7)
pleadings allowed: Forms of Motions.
6. The court held a teleconference in which American Business Credit, Inc.
did not participate. They have not responded in any manner even though
they were properly served a complaint and summons by first class mail to
American Business Credit, Inc c/o Wilmington Trust SP Services
(Delaware) Inc 103 Springer Building 3411 Silverside Road Wilmington,
Delaware 19810 and c/co George L Miller, Chapter 7 Trustee, Miller
Coffery Tate LLP 8 Penn Center, Suite 980 Philadelphia, PA 19103
As said defendants failed to answer complaint in required 20 days and
defendants untimely filing of motion to dismiss are in violation of FRCP 12 (b)
evidenced by Civil docket.
Date Z? 2c@7 &U#é,./It/I1;
ohnnie DuBose Pro Se’
4 Teakwood Lane
Wilmington, DE 19810

Case 1:07-cv-00045-SLR—LPS Document 30 Filed 10/29/2007 Page 2 of 2
CERTIFICATE OF SERVICE
I, hereby certify that on October 29, 2007, I caused to be delivered by hand (2) copies of
the attached motion for Re-consideration of Plaintiffs Motion for Default Judgement:
Robert K. Beste Jr.
Cohen Seglias Pallas Greenhill & Formon
Nemours Building, Suite 1130
1007 Ora11ge Street
Wilmington, Delaware 19801
Paul Cottrell, Tighe & Cottrell, P.A.
704 King Street, Box 1031
1 Customs House
Wilmington, Delaware 19899
Donald L. Gouge, Jr.
Herman, Gouge, & Kaufman, LLP
800 King Street, Suite 303
P.O. Box 1674
Wilmington, Delaware 19899
Laura Thomas Hay
New Castle Cotmty Law Department
New Castle Corporate Commons
87 Reads Way
New Castle, Delaware 19720
Megan Sanfrancesco
New Castle, County Law Department
New Castle Corporate Commons
87 Reads Way
New Castle, Delaware 19720
American Business Credit, Inc.
C/o George L. Miller, Chapter 7 Trustee
, 8 Penn Center, Suite 980
A Philadelphia, PA. 19103
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l A ohnnie M. DuBose Pro Se’
} 4 Teakwood Lane
° Wilmington, Delaware 19810
p 302-656-6838
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